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TMI Blog2003 (2) TMI 470X X X X Extracts X X X X X X X X Extracts X X X X ..... 1993-94 the assessee reported a total and taxable turnover of Rs. 2,73,500. On a verification of the accounts of the assessee for the above two years the Additional Sales Tax Officer-III, First Circle, Thiruvananthapuram, found that the assessee did not include in its return the charges received towards the sale of information received from U.S. Computers, etc. The assessments were completed on a taxable turnover of Rs. 2,69,380 for the year 1992-93 and on Rs. 10,40,850 for the year 1993-94. The appeals filed by the assessee against the said orders were dismissed. Second appeals filed against the same were also dismissed confirming the order of the first appellate authority. 2.. Shri V. Premchand, learned counsel appearing for the asses ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... siness for cash or for deferred payment or other valuable consideration, but does not include a mortgage, hypothecation, charge or pledge; The definition of goods under section 2(xii) reads as follows: 'goods' means all kinds of movable property other than newspapers, actionable claims, electricity, stocks and shares and securities and includes live stock, all materials, commodities and articles including those to be used in the construction, fitting out, improvement or repair of immovable property or used in the fitting out, improvement or repair of movable property and every kind of property whether as goods or in some other form involved in the execution of a works contract, and all growing crops, grass or things attach ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uch informations for money consideration. The above nature of the transactions makes them a 'sale' for valuable consideration and so, the turnovers involved in such transactions are taxable at the appellant's hands. From this it is clear that the transaction is covered by the definition of goods and certainly once the various deductions available under rule 9 of the Kerala General Sales Tax Rules, 1963 are allowed, the balance turnover will become the taxable turnover which is exigible to tax under the Act. 5.. We have no doubt that the transaction in question is goods and since the assessee is parted with its right over the said goods in the form of printed materials supplied to its customers, there is a sale which exi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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